OPOKU-OWUSU vs. OPOKU-OWUSU [1973]DLHC2338

Date	1973-07-27
Suit No.
Citation No.	[1973]DLHC2338

SARKODEE J.

ASIAMAH LED BY ALHAJI KWAW SWANZY FOR THE PETITIONER.

MUSTAPHA FOR CROMWELL QUIST FOR THE RESPONDENT.

[1973]DLHC2338
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													<main id="main" class="content" style="min-height: 60rem" >OPOKU-OWUSU <o:p></o:p>vs. <o:p></o:p>OPOKU-OWUSU <o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1973]
2 GLR 349<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
27 JULY 1973.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ASIAMAH LED BY ALHAJI KWAW SWANZY FOR THE
PETITIONER.<o:p></o:p>

MUSTAPHA FOR CROMWELL QUIST FOR THE RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

SARKODEE J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF SARKODEE J.<o:p></o:p>On 1 July
1973, I made an order dissolving the marriage between the petitioner and the
respondent and reserved my reasons for making that order. I now proceed to give
the reasons.<o:p></o:p>The husband-petitioner
herein seeks divorce on the sole ground that his marriage with the respondent
has broken down beyond reconciliation in that the respondent has behaved in
such a way that the petitioner cannot reasonably be expected to live with her.
The petitioner asks for the custody of the four children of the marriage.<o:p></o:p><o:p>&nbsp;</o:p>In order
to determine whether the conduct of one spouse has been such as to entitle the
other to withdraw from cohabitation the circumstances surrounding the conduct
and the whole history of the marriage must be considered. The petitioner is a
Ghanaian domiciled in Ghana and the respondent a German citizen domiciled in
West Germany. On 18 July 1959 the petitioner, then a bachelor, married the
respondent, then a spinster at the Evangelical Presbyterian Church of
Venusberg, Bonn in West Germany. At the time of the marriage the spouses were
young and virile; she about seventeen years and he a student aged about 31
years old. They met when she was fifteen years old. After the marriage they lived
and cohabited in West Germany and then in Ghana spending a greater part of
their time at the University of Science and Technology, Kumasi, where the
petitioner was a lecturer and finally in Accra. There are four children of the
marriage, namely, Owusu-Banahene aged twelve years, Gabriele Adwoa aged ten
years, Owusu-Bekoe aged eight years and Rainer Kwasi, four years old.<o:p></o:p>The
petitioner says that their marriage was a happy one until about June 1969, when
his wife secured a job at an Embassy in Accra as a secretary. She then appeared
to be in love with her job and the people with whom she worked. She worked very
late and stayed out late leaving the four children. She became an errand girl
of the first secretary of the embassy who called her at odd times very often in
the evenings. The husband drew her attention to this and told her that her
behaviour was not good enough for a mother of four but she would not change.
She has, since taking the job, deliberately refused to have sexual intercourse
with the husband. When he realised that things were getting out of hand he
insisted on his right to have sexual intercourse with her but she told him she
had seen her lawyer and was leaving the matrimonial home. When she left
finally, she did not tell her husband where she was. She told him she did not
want maintenance from him and that he should look after the children.<o:p></o:p><o:p>&nbsp;</o:p>Both
spouses say that the marriage has broken down beyond reconciliation and pray
that it be dissolved but whereas the husband says that his wife has behaved in
such a way that he cannot reasonably be expected to live with her, she on her
part says that she had to leave the matrimonial home because of her husband’s
frequent demand for sexual intercourse and fear on her part of having another
unwanted child; the last child having been born against the wishes of the wife.
She said that there was no place for another child. They were often in need of
money and she had to work to supplement their income. Because she did not want
to have sex with him he became so inordinately jealous that he did not want her
to have friends not even females. She alleged that the petitioner became
violent, even though he never hit her. His mere presence in the house
frightened her. He shouted at her and the children and at times would wake up
at about 2 or 3 a.m. shouting at the top of his voice. There was never peace in
the house. The situation became so intolerable that she had to leave the
matrimonial home. At the time she was leaving she did not love her husband any
more; he had killed every bit of love she had for him. She and her husband
tried several times by themselves and with the assistance of friends to resolve
their differences but failed mainly because the petitioner was not prepared to
change his sex life, and so she says there is no point in their trying again.
She is certain they can never live as man and wife again.<o:p></o:p><o:p>&n</main>